H1B Visa Lawyer Blog

September 23, 2022

MVP “Immigration Q & A Forum” – 9/23/22

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H-1B Nonimmigrant Visa

How long do you have to work in the US under H-1B before you can apply for an I-140?

September 22, 2022

Video – Immigration Battle Intensifies – ABC News Video

by Kellie N. Lego

This video is a discussion of the action by Florida Governor DeSantis flying 50 migrants from his state of Florida to Martha’s Vineyard in Massachusetts! This video includes comments from Florida Senator Mark Rubio, California Governor Newson, President Biden, and others! Governors of both Florida and Texas have been sending migrants to other states they call, “Sanctuary States” in what seems like a political move!

Video – Immigration Battle Intensifies – ABC News Video

Source of Information:

September 21, 2022

Update – USCIS Reaches Fiscal Year 2023 H-1B Cap

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced that they have received enough petitions to reach the congressionally mandated for the fiscal year (FY) 2023 H-1B cap, including the master’s cap, (65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption). They also completed sending non-selection notifications to online accounts for registrants. If not selected, status will show: Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

For more information, please read the USCIS news alert, “USCIS Reaches Fiscal Year 2023 H-1B Cap”!

Source of Information:

September 20, 2022

Update – Visa Bulletin – October 2022

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click the link to view the October 2022 Visa Bulletin

UPDATE: When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: October 2022

September 19, 2022

MVP “Immigration Q & A Forum” – This Friday, September 23, 2022

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 23, 2022. Act now and submit your questions!

September 16, 2022

USCIS Reaches H-2B Cap for First Half of FY 2023

by Kellie N. Lego

On Wednesday, September 14, 2022, USCIS announced that it has reached the H-2B cap for the first half of fiscal year 2023. September 12, 2022 is now the “final receipt date” for cap-subject H-2B worker requesting employment start dates before April 1, 2023. The “final receipt date” is the date on which USCIS determined that it has received enough cap-subject petitions to reach the limit of H-2B workers for the first half FY2023. USCIS continues to accept petitions that are exempt from the congressionally mandated H-2B cap.

The exceptions are listed below:

• Current H-2B workers in the U.S. petitioning to extend their stay and, if applicable, change the terms of their employment or change their employers;

September 15, 2022

USCIS Reaches Fiscal Year 2023 H-1B Cap

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced that they have received enough petitions to reach the congressionally mandated for the fiscal year (FY) 2023 H-1B cap, including the master’s cap, (65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption). They also completed sending non-selection notifications to online accounts for registrants. If not selected, status will show: Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

For more information, please read the USCIS news alert, “USCIS Reaches Fiscal Year 2023 H-1B Cap”!

Source of Information:

September 14, 2022

DHS Publishes Fair and Humane Public Charge Rule

by Kellie N. Lego

The U.S. Department of Homeland Security (DHS) issued a final rule which clarifies how the DHS will administer the public charge ground of inadmissibility against a noncitizen. This rule restores the historical understanding of a ‘public charge’ that had been in place for decades, until the Trump Administration changed the interpretation of the rule.

Secretary of Homeland Security Alejandro N. Mayorkas stated, “This action ensures fair and humane treatment of legal immigrants and their U.S. citizen family members,”. He also stated, “Consistent with America’s bedrock values, we will not penalize individuals for choosing to access the health benefits and other supplemental government services available to them.”

For further details please review the USCIS News Alert, “DHS Publishes Fair and Humane Public Charge Rule“.

September 13, 2022

Visa Bulletin – October 2022

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click the link to view the October 2022 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

September 12, 2022

H-2B Cap Count UPDATE – 9/1/22

by Kellie N. Lego

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2023 (October 1 – March 31) is 33,000. As of the last count (9/1/22); 24,947 beneficiaries have been approved and 4,627 are pending for a total of 29,574.

The H-2B cap limit for second half of FY 2023 (April 1 – September 30) is 33,000. As of the last count (9/1/22); 0 beneficiaries have been approved and 0 are pending for a total of 0.